Helmetta will pay $30,000 in plaintiff’s attorney fees in connection with an Open Public Records Act (OPRA) lawsuit decided earlier this year.
The sum represents 2.36 percent of Helmetta’s $1,270,845 municipal budget, but the agreement allows the borough to pay the sum back over two budget cycles, according to borough officials.
“We did talk about appealing the claim [at the time], and the risk analysis was that if we had fought the claim, it might end up costing the borough more,” Councilman Joe Perez said at the June 17 meeting. “They did make a concession, albeit a small one. And we thought it was important to get the amounts paid over the period of two budgets, which is a little bit of a relief for our residents as long as we get our house in order again.”
Perez, Councilman Vincent Asciolla, Councilwoman Denise Estrada and Councilman Chris Slavicek voted “yes” to authorize the payment. Councilwoman Yvette Bruno and Councilman Pete Karczewski voted “no.”
Borough Attorney David Clark said the payment was related to a previous decision in Superior Court that found the borough had violated OPRA by withholding requested documents.
Clark added that the Joint Insurance Fund, which provides liability coverage to the borough, denied the borough coverage for the lawsuit.
On March 11, Superior Court Judge Travis Francis ordered the borough to release documents pertaining to the Helmetta Regional Animal Shelter, including euthanasia records, certifications and licenses for shelter staff; emails to and from Councilwoman Yvette Bruno and Mayor Nancy Martin; and the floor plan for the facility. Furthermore, Francis ordered unredacted shelter intake records be provided to plaintiffs Steve Wronko and Colleen Freda- Wronko, Spotswood residents who were vocal opponents of shelter practices.
Virginia McGinnis, a Monroe resident, said during the public portion that she also filed OPRA requests related to the borough’s animal shelter and some of those requests were not fulfilled.
“Can I sue for OPRA violations? Probably. Will I? No,” McGinnis said. “I think you need to address the incompetence that has transpired that is requiring your taxpayers to dole out their hard-earned dollars.”
Slavicek suggested discussing “accountability of employees” in relation to OPRA requests during closed session.
“I don’t think the onus should be on one person,” Slavicek said. “But we really need to seriously have a discussion about that, because who’s to say that once people hear that this is awarded that other people aren’t going to come to the table.
“There have been hundreds of people who say they have OPRA-requested stuff.”
Borough Clerk Sandra Bohinski added that the borough received nearly 400 distinct OPRA requests since the controversy surrounding the shelter began.
Animal welfare advocates and some borough officials repeatedly raised concerns about conditions at the Helmetta Regional Animal Shelter and its operations at Borough Council meetings last year.
The New Jersey Society for the Prevention of Cruelty to Animals (NJSPCA) took control of the shelter on Dec. 1 after county inspectors found substandard conditions and failure to provide proper care for the animals housed at the facility.
The shelter was emptied as of Dec. 22 and has remained closed since. More than $1.5 million is still owed on a $2 million bond, which was issued to repurpose the facility as an animal shelter.
At the June 17 meeting, Slavicek, who is running for mayor, suggested potentially renovating the shelter building into a public safety headquarters and moving the Police Department out of the basement in Borough Hall.